State v. Ferreira

This is an attempted appeal from an order denying a post-judgment motion to set aside guilty pleas and to correct allegedly illegal sentences. The State’s motion to dismiss contends that the notice of appeal was untimely. We find that under the unusual facts of this case the appeal was timely.

Appellant concedes that his notice of appeal was filed a total of 50 days after entry of the order being appealed. Appellant argues that under State v. Delaney, 56 Haw. 444, 540 P.2d 61 (1975), the appeal should be deemed timely because the notice of appeal was filed within 10 days after counsel first…